The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
A certain pedantry is obvious enough in all this story, which, taken
literally, under the circumstances of the time, is merely childish.
Still, as Asser, though he may not entirely represent the facts of this
period[60] in their true Germanic sense, does very likely represent some
of the king’s private wishes and opinions, this, among other passages,
may serve to show why, in spite of his great merits, Ælfred once in his
life had not a man to trust to in his realm. Let us look at the matter a
little more closely. In the many kingdoms and districts which by
conquest or inheritance came under the Westsaxon rule, various customary
laws had prevailed[61]. It is very natural that judgments given in
accordance with these customs should often appear inconsistent and
discordant to a body of men collected from different parts of the realm.
Asser is therefore very probably in the right, when he says: “The nobles
and non-nobles alike were frequently at variance in the meetings of the
comites and praepositi, [that is, in the Witena gemóts,] so that
scarcely any one would admit the decisions of the comites and praepositi
[that is, in the shire, hundred and burhmót] to be correct.” But it is
also probable that he misstates or overstates the extent of the royal
power, when he continues: “But Ælfred, who for his own part knew that
some injustice arose thereby, was not very willing to meddle with the
decision of this judge or that; although he was compelled thereunto both
by force of law and by stipulation[62].”
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Footnote 60:
I may here say once for all, that I see no reason to doubt the
authenticity of Asser’s Annals, or to attribute them to any other
period than the one at which they were professedly composed.
Footnote 61:
Ælfred himself mentions the Kentish, Mercian and Westsaxon laws. The
Danes had another. Peculiarities of the Northangle and Southangle laws
are also noticed.
Footnote 62:
By the contract entered into with his people: but when? when they
first elected him? or when they restored him to his throne?
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Public-domain text, read in full here on John Shaqi.
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